VIJAY KUMAR Vs. SMT. PUSHPA

JUDGEMENT

(1.) This is a civil miscellaneous appeal by the appellant Vijay Kumar against the order of the District Judge, Udaipur dated 1 -2 -1975 directing the appellant to pay to his wife respondent No. 1 Mst. Pushpa Rs. 1200/ - as arrears of maintenance upto the date of the order and Rs. 100/ - per month till the disposal of the petition under Sec. 10 of the Hindu Marriage Act. The wife Mst. Pushpa filed a petition under Sec. 10 of the Hindu Marriage Act for grant of a decree of judicial separation on the ground of cruelty and adultery. The petitioner Mst. Pushpa also filed an application for grant of interim maintenance and expenses of the ground that she has no independent means of income sufficient to meet the expenses of litigation and to support herself. It was also alleged that her husband's income was about Rs. 1500/ - per month.

(2.) This application for interim maintenance was opposed by the appellant who pleaded that his monthly income was only Rs. 300/ -. It was also pleaded that the wife was a teacher in Gyan Mandir and was drawing a salary of Rs. 125/ - per month. Both the parties in support of their respective allegations filed affidavits. The learned District Judge did not put reliance on the affidavit of the husband on the ground that no source of knowledge was disclosed in it. The learned District Judge, relying upon the affidavit of the wife, allowed the application and granted interim maintenance and expenses for litigation as mentioned above. It is against this order that the husband Vijay Kumar has filed this appeal

(3.) The relevant provision of law for grant of interim maintenance is Sec. 24 of the Hindu Marriage Act. That Sec. lays down that whenever it appears to the Court that either the wife or the husband as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding and monthly allowance during the proceeding such sum, as having regard to the petitioner's own income and the income of the respondent; it may seem to the Court to be reasonable. It is thus clear that in arriving at the quantum of interim maintenance to be paid by one spouse to another, the Court must have regard to the petitioner's own income and the income of the respondent.